“authorized”, in relation to a person, means having authority, under the Criminal Code or the Canadian Security Intelligence Service Act, to intercept communications.

“communication”« communication »

“communication” means a communication effected by a means of telecommunication and includes any related telecommunications data or other ancillary information.

“intercept”« intercepter »

“intercept” includes listen to, record or acquire a communication or acquire the substance, meaning or purport of the communication.

“Minister”« ministre »

“Minister” means the Minister of Public Safety and Emergency Preparedness.

“person”« personne »

“person” includes a partnership, an unincorporated organization, a government, a government agency and any other person or entity that acts in the name of or for the benefit of another.

“prescribed” Version anglaise seulement

“prescribed” means prescribed by the regulations.

“telecommunications data”« données de télécommunication »

“telecommunications data” means data relating to the telecommunications functions of dialling, routing, addressing or signalling that identifies or purports to identify the origin, type, direction, date, time, duration, size, destination or termination of a telecommunication generated or received by means of a telecommunications facility or the type of telecommunications service used and includes any information that may be obtained under subsection 492.2(1) of the Criminal Code.

“telecommunications facility”« installation de télécommunication »

“telecommunications facility” means any facility, apparatus or other thing that is used for telecommunications or for any operation directly connected with telecommunications.

“telecommunications service”« service de télécommunication »

“telecommunications service” means a service, or a feature of a service, that is provided by means of telecommunications facilities, whether the provider owns, leases or has any other interest in or right respecting the telecommunications facilities and any related equipment used to provide the service.

“telecommunications service provider”« télécommunicateur »

“telecommunications service provider” means a person that, independently or as part of a group or association, provides telecommunications services.

“transmission apparatus”« appareil de transmission »

“transmission apparatus” means any apparatus of a prescribed class whose principal functions are one or more of the following:

(2) Nothing in this Act derogates from any power in the Criminal Code, the Canadian Security Intelligence Service Act or the National Defence Act to intercept communications or to request that telecommunications service provid- ers assist in such interceptions.

3. The purpose of this Act is to ensure that telecommunications service providers have the capability to enable national security and law enforcement agencies to exercise their authority to intercept communications and to require telecommunications service providers to provide subscriber and other information, without unreasonably impairing the privacy of individ- uals, the provision of telecommunications services to Canadians or the competitiveness of the Canadian telecommunications industry.

4. This Act is binding on Her Majesty in right of Canada or of a province.

4. La présente loi lie Sa Majesté du chef du Canada et des provinces.

Obligation de Sa Majesté

APPLICATION

CHAMP D’APPLICATION

Exclusions — Schedule 1

5. (1) This Act does not apply to telecommunications service providers in respect of the telecommunications services specified in Part 1 of Schedule 1 or to the telecommunications service providers in the classes listed in Part 2 of that Schedule in respect of the activities specified in that Part for that class.

(2) This Act — other than sections 8, 9, 14, 15, 24 to 26, 28 and 32 to 64 — does not apply to the telecommunications service providers in the classes listed in Part 1 of Schedule 2 in respect of the activities specified in that Part for that class.

(3) This Act, other than section 24, does not apply to the telecommunications service provid- ers in the classes listed in Part 2 of Schedule 2 in respect of the activities specified in that Part for that class.

6. (1) For the purpose of enabling authorized persons to exercise their authority to intercept communications, every telecommunications service provider shall have the capa- bility to do the following:

(a) provide intercepted communications to authorized persons; and

(b) provide authorized persons with the prescribed information that is in the possession or control of the service provider respecting the location of equipment used in the transmission of communications.

(3) If an intercepted communication is encoded, compressed, encrypted or otherwise treated by a telecommunications service provid- er, the service provider shall use the means in its control to provide the intercepted communication in the same form as it was before the communication was treated by the service provider.

(4) Despite subsection (3), a telecommunications service provider is not required to make the form of an intercepted communication the same as it was before the communication was treated if

(a) the service provider would be required to develop or acquire decryption techniques or decryption tools; or

(b) the treatment is intended only for the purposes of generating a digital signature or for certifying a communication by a prescribed certification authority, and has not been used for any other purpose.

(5) A telecommunications service provider that is capable of providing intercepted communications to an authorized person in more than one form or manner that conforms with the regulations shall provide them in whichever of those forms or manners the authorized person requires.

8. A telecommunications service provider that meets, in whole or in part, an operational requirement in respect of transmission apparatus that the service provider operates shall continue to so meet that operational requirement.

9. A telecommunications service provider that meets, in whole or in part, an operational requirement in respect of transmission apparatus that the service provider operates in connection with any of the service provider’s telecommunications services shall meet that operational requirement to the same extent in respect of any new service that the service provider begins to provide using that apparatus.

10. (1) A telecommunications service provider that begins to operate any transmission apparatus for the purpose of providing telecommunications services shall meet the operational requirements in respect of the apparatus, whether by means of the apparatus itself or by any other means.

(2) Subsection (1) does not apply in respect of transmission apparatus that a telecommunications service provider acquires from another telecommunications service provider and operates in order to continue to provide the same telecommunications service to approximately the same users. However, the acquiring service provider shall continue to meet any operational requirements in respect of the transmission apparatus that the service provider from whom it was acquired was obligated to meet.

11. (1) When a telecommunications service provider installs new software for any transmission apparatus that the service provider operates, the service provider shall meet the operational requirements in respect of that apparatus to the extent that would be enabled by the installation of the software in the form available from the software’s manufacturer that would most increase the service provider’s ability to meet those operational requirements.

(2) Subsection (1) applies even if the form of the software in question would require the telecommunications service provider to acquire additional software licences or telecommunications facilities to achieve that increased ability.

12. Subject to section 14, a telecommunications service provider is not required, under sections 8 to 11, to increase the service provider’s capability to enable simultaneous interceptions beyond the applicable global limit.

13. (1) The Minister may, by order made on the application of a telecommunications service provider, suspend in whole or in part any obligation of the service provider to meet an operational requirement that would arise from the operation of section 10 or 11.

(a) specify the operational requirement with respect to which an order is sought;

(b) set out the reasons for making the application;

(c) include a plan that

(i) sets out the measures by which and the time within which the telecommunications service provider proposes to meet the operational requirement specified in ac- cordance with paragraph (a),

(ii) describes any measures that the service provider proposes to take to improve the service provider’s capability to meet the operational requirements, even if they are not yet applicable, and

(iii) identifies the stages at which and methods by which the Minister can measure progress in the implementation of the plan and the time, manner and form for reports the service provider proposes to make to the Minister; and

(d) conform with the prescribed requirements relating to the content or form of the application or the manner in which it is to be made.

(3) In deciding whether to make an order, the Minister shall take into account the public interest in national security and law enforcement and the commercial interests of the telecommunications service provider as well as any other matter that the Minister considers relevant.

(4) The Minister shall, within 120 days after the day on which the Minister receives the application, notify the applicant of the Minister’s decision to accept or refuse it and, if no notification has been received by the applicant at the end of that period, the Minister is deemed to have refused the application.

(6) The telecommunications service provider shall comply with the conditions of the order as soon as the service provider begins to operate the telecommunications apparatus or installs the new software, as the case may be.

14. (1) The Minister may, at the request of the Commissioner of the Royal Canadian Mounted Police or the Director of the Canadian Security Intelligence Service and if in the Minister’s opinion it is necessary to do so, order a telecommunications service provider

(a) to comply with any obligation under subsections 6(1) and (2) in a manner or within a time that the Minister specifies;

(b) to enable, in a manner or within a time that the Minister specifies, a number of simultaneous interceptions greater than any maximum or limit that would otherwise apply;

(c) to comply, in a manner or within a time that the Minister specifies, with any confidentiality or security measures respecting interceptions that the Minister specifies in addition to those referred to in subsection 6(2);

(d) to meet an operational requirement in respect of transmission apparatus operated by the service provider that the service provider would not otherwise be required to meet; or

(e) to meet an operational requirement in respect of transmission apparatus operated by the service provider in a manner or within a time that the Minister specifies.

(2) The Minister may not make an order under subsection (1) in respect of a telecommunications service provider in relation to a telecommunications service specified in Part 1 of Schedule 1 or in respect of a telecommunications service provider in a class listed in Part 2 of Schedule 1 or Part 2 of Schedule 2 in relation to the activities specified for that class in Part 2 of Schedule 1 or Part 2 of Schedule 2, as the case may be.

(3) The Commissioner of the Royal Canadian Mounted Police or the Director of the Canadian Security Intelligence Service, as the case may be, shall pay the telecommunications service provider an amount that the Minister considers reasonable towards the expenses that the Minister considers are necessary for the service provider to incur initially to comply with an order made under this section.

(4) The Minister may provide the telecommunications service provider with any equipment or other thing that the Minister considers the service provider needs to comply with an order made under this section.

(5) Sections 8 and 9 do not apply in respect of any equipment or other thing provided by the Minister under subsection (4). However, the telecommunications service provider shall provide notice to the Minister of any problems with the equipment or other thing provided and provide assistance in resolving the problem.

(7) The Commissioner of the Royal Canadian Mounted Police and the Director of the Canadian Security Intelligence Service may delegate his or her power to pay amounts under subsection (3) to, respectively, a member of a prescribed class of senior officers of the Royal Canadian Mounted Police or a member of a prescribed class of senior officials of the Canadian Security Intelligence Service.

16. (1) Every telecommunications service provider shall provide a person designated under subsection (3), on his or her written request, with any information in the service provider’s possession or control respecting the name, address, telephone number and electronic mail address of any subscriber to any of the service provider’s telecommunications services and the Internet protocol address, mobile identification number, electronic serial number, local service provider identifier, international mobile equipment identity number, international mobile subscriber identity number and subscrib- er identity module card number that are associated with the subscriber’s service and equipment.

(3) The Commissioner of the Royal Canadian Mounted Police, the Director of the Canadian Security Intelligence Service, the Commissioner of Competition and the chief or head of a police service constituted under the laws of a province may designate for the purposes of this section any employee of his or her agency, or a class of such employees, whose duties are related to protecting national security or to law enforcement.

(4) The number of persons designated under subsection (3) in respect of a particular agency may not exceed the greater of five and the number that is equal to five per cent of the total number of employees of that agency.

(5) The Commissioner of the Royal Canadian Mounted Police and the Director of the Canadian Security Intelligence Service may delegate his or her power to designate persons under subsection (3) to, respectively, a member of a prescribed class of senior officers of the Royal Canadian Mounted Police or a member of a prescribed class of senior officials of the Canadian Security Intelligence Service.

17. (1) A police officer may request a telecommunications service provider to provide the officer with the information referred to in subsection 16(1) in the following circumstances:

(a) the officer believes on reasonable grounds that the urgency of the situation is such that the request cannot, with reasonable diligence, be made under that subsection;

(b) the officer believes on reasonable grounds that the information requested is immediately necessary to prevent an unlawful act that would cause serious harm to any person or to property; and

(c) the information directly concerns either the person who would perform the act that is likely to cause the harm or is the victim, or intended victim, of the harm.

The police officer shall inform the telecommunications service provider of his or her name, rank, badge number and the agency in which he or she is employed and state that the request is being made in exceptional circumstances and under the authority of this subsection.

(3) The police officer shall, within 24 hours after making a request under subsection (1), communicate to a designated person employed in the same agency as the officer all of the information relating to the request that would be necessary if it had been made under subsection 16(1) and inform that person of the circumstances referred to in paragraphs (1)(a) to (c).

(4) On receiving the information, the designated person shall in writing inform the telecommunications service provider that the request was made in exceptional circumstances under the authority of subsection (1).

18. (1) A designated person who makes a request under subsection 16(1), or who receives information under subsection 17(3), shall create a record that

(a) in the case of a request under subsection 16(1), identifies the duty or function referred to in subsection 16(2) in the performance of which the request is made, describes the relevance of the information requested to that duty or function and includes any other information that justifies the request and any other prescribed information; and

(b) in the case where the designated person receives information under subsection 17(3), includes the information referred to in paragraph (a) as well as the circumstances referred to in paragraphs 17(1)(a) to (c).

19. Information that is provided in response to a request made under subsection 16(1) or 17(1) shall not, without the consent of the individual to whom it relates, be used by the agency in which the designated person or police officer is employed except for the purpose for which the information was obtained or for a use consistent with that purpose.

20. (1) The Commissioner of the Royal Canadian Mounted Police, the Director of the Canadian Security Intelligence Service, the Commissioner of Competition and any chief or head of a police service constituted under the laws of a province who makes a designation under subsection 16(3) shall cause internal audits to be regularly conducted of the practices of his or her agency to ensure compliance with sections 16 to 19 and the regulations made for the purposes of those sections and of the internal management and information systems and controls concerning requests made under sections 16 and 17.

(2) The person who causes an internal audit to be conducted shall, without delay, make a report to the responsible minister of anything arising out of the audit that in his or her opinion should be brought to the attention of that minister including any corrective action proposed or taken.

(4) The Privacy Commissioner may, on reasonable notice, conduct an audit of the practices of the Royal Canadian Mounted Police or the Commissioner of Competition to ensure compliance with sections 16 to 19 and the regulations made for the purposes of those sections and of the internal management and information systems and controls concerning requests made under sections 16 and 17. The provisions of the Privacy Act apply, with any necessary modifications, in respect of the audit as if it were an investigation under that Act.

(5) For greater certainty, the functions of the Security Intelligence Review Committee under section 38 of the Canadian Security Intelligence Service Act include the power to conduct an audit of the practices of the Canadian Security Intelligence Service to ensure compliance with sections 16, 18 and 19 and the regulations made for the purposes of those sections and of the internal management and information systems and controls concerning requests made under section 16.

(6) The Privacy Commissioner shall, in the report made to Parliament for each financial year, identify the public officers to whom copies of reports are to be provided under paragraph (3)(c) and report on the powers that they have to conduct audits similar to those referred to in subsection (4) with respect to the police services constituted under the laws of their province.

(7) A person conducting an internal audit under this section may require a telecommunications service provider to give the person access to any records in the possession or control of the service provider that are relevant to the audit.

23. Personal information, as defined in subsection 2(1) of the Personal Information Protection and Electronic Documents Act, that is provided under subsection 16(1) or 17(1) is deemed, for the purposes of subsections 9(2.1) to (2.4) of that Act, to be disclosed under subparagraph 7(3)(c.1)(i) or (ii), and not under paragraph 7(3)(i), of that Act. This section operates despite the other provisions of Part 1 of that Act.

24. (1) A telecommunications service pro- vider shall, on the request of a police officer or of an employee of the Royal Canadian Mounted Police or the Canadian Security Intelligence Service,

(a) provide the prescribed information relating to the service provider’s telecommunications facilities;

(b) indicate what telecommunications serv- ices the service provider offers to subscrib- ers; and

(c) provide the name, address and telephone number of any telecommunications service providers from whom the service provider obtains or to whom the service provider provides telecommunications services, if the service provider has that information.

25. A telecommunications service provider shall, on the request of a police officer or of an employee of the Royal Canadian Mounted Police or the Canadian Security Intelligence Service, provide all reasonable assistance to permit the police officer or employee to assess or to test the service provider’s telecommunications facilities that may be used to intercept communications.

26. If the Canadian Security Intelligence Service or a law enforcement agency has provided a telecommunications service provider with any equipment or other thing for intercepting communications, the service provider shall, before making any change to the service provider’s telecommunications facilities that is likely to impair or reduce the interception capability of the equipment or other thing, notify the Canadian Security Intelligence Service or law enforcement agency, as the case may be, of the change.

27. A telecommunications service provider shall notify the Minister when

(a) in respect of any particular transmission apparatus, the increased number of simultaneous interceptions that the service provider is required, as a result of a request referred to in subparagraph 7(d)(ii), to be capable of enabling is 75% or more of the maximum number that is applicable under that subparagraph; or

(b) the number of simultaneous interceptions that the service provider is required, under sections 8 to 11, to be capable of enabling is 75% or more of the global limit that is applicable under section 12.

28. (1) A telecommunications service pro- vider shall, on the request of the Royal Canadian Mounted Police or the Canadian Security Intelligence Service, provide a list of the names of the persons who are employed by or carrying out work for the service provider who may assist in the interception of communications.

(3) The Royal Canadian Mounted Police or the Canadian Security Intelligence Service may conduct an investigation for the purposes of a security assessment of any of those persons who consent to the investigation.

29. (1) If the prescribed conditions are met, a telecommunications service provider that provides under this Act prescribed specialized telecommunications support to the Canadian Security Intelligence Service or a law enforcement agency is entitled, on request, to be paid an amount determined in accordance with the regulations for providing that support.

30. (1) A telecommunications service pro- vider that acquires transmission apparatus referred to in subsection 10(2) shall, before using it in providing telecommunications services, submit to the Minister a report in the prescribed form and manner containing the following information:

(a) the prescribed information concerning the extent to which the service provider meets operational requirements in respect of the transmission apparatus; and

(b) any prescribed information relevant to the administration of this Act.

(2) A telecommunications service provider shall, at the request of the Minister, submit a report or further report in the form and manner, and within the period, that the Minister specifies containing the information referred to in paragraphs (1)(a) and (b) and any additional related information that the Minister specifies.

(3) Every report submitted under this section must include a written statement certifying that it does not contain any untrue statements or omissions of material facts, that it fairly presents the telecommunications service provider’s operations at the time of submission and that the signator has taken steps to ensure the report’s accuracy and promises to correct any material error that is detected in the report after its submission and to submit a revised report to the Minister as soon as possible, with another similar written statement accompanying it.

(a) if the telecommunications service provid- er is a corporation, by one of its officers or directors; and

(b) in any other case, by an individual who is an owner of the telecommunications service provider or by an officer or a director of a corporation that is an owner of the telecommunications service provider.

31. If two or more telecommunications service providers have, in effect, the same obligation under this Act in connection with any given transmission apparatus or a given interception and any one of them performs that obligation, it is deemed to be performed by all.

32. (1) The Governor in Council may, on the recommendation of the Minister and the Minister of Industry, by regulation, exempt any class of telecommunications service providers from all or part of the obligations under any of sections 6, 9 to 11, 16, 17 and 30 or under any regulations made for the purposes of those sections.

(4) When a regulation under which a telecommunications service provider is exempted from an obligation under section 10 or 11 expires or is repealed, section 10 or 11, as the case may be, applies to the telecommunications service provider that was exempted as of the date of expiry or repeal as if the exemption had never been made.

34. (1) A person who is designated to verify compliance with this Act may, for that purpose, enter any place owned by, or under the control of, any telecommunications service provider in which that person has reasonable grounds to believe there is any document, information, transmission apparatus, telecommunications facility or any other thing to which this Act applies.

(3) The owner or person in charge of the place and every person who is in the place shall give all assistance that is reasonably required to enable the designated person to verify compliance with this Act and shall provide any documents, data and information that are reasonably required for that purpose.

35. (1) If the place referred to in subsection 34(1) is a dwelling-house, the designated person may not enter it without the consent of the occupant except under the authority of a warrant issued under subsection (2).

(2) On ex parte application, a justice of the peace may issue a warrant authorizing a designated person who is named in it to enter a dwelling-house, subject to any conditions that may be specified in the warrant, if the justice is satisfied by information on oath that

(a) the dwelling-house is a place referred to in subsection 34(1);

(b) entry to the dwelling-house is necessary for the purpose of verifying compliance with this Act; and

(c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused or that consent to entry cannot be obtained from the occupant.

36. (1) For the purpose of gaining entry to a place referred to in subsection 34(1), a designated person may enter private property and pass through it, and is not liable for doing so. For greater certainty, no person has a right to object to that use of the property and no warrant is required for entry onto the property unless the property is a dwelling-house.

37. In executing a warrant to enter a dwelling-house, a designated person shall not use force unless they are accompanied by a peace officer and the use of force has been specifically authorized in the warrant.

38. (1) No person shall knowingly make a false or misleading statement or provide false or misleading information, in connection with any matter under this Act, to a designated person who is carrying out their functions under section 34.

39. Every person who contravenes a provision, order, requirement or condition designated under subparagraph 64(1)(p)(i) commits a violation and is liable to an administrative monetary penalty not exceeding the prescribed maximum or, if no maximum has been prescribed, to a penalty not exceeding $50,000, in the case of an individual, and $250,000, in any other case.

(2) The Minister may establish the form and content of notices of violation, but each notice of violation must

(a) set out the name of the person believed to have committed the violation;

(b) identify the violation;

(c) set out the penalty that the person is liable to pay;

(d) inform the person that they may, within 30 days after the day on which the notice is served or within any longer period specified in it, either pay the penalty set out in the notice or make representations with respect to the alleged violation or penalty — including any representations about entering into a compliance agreement — and set out the manner for doing so; and

(e) inform the person that, if they fail to pay the penalty or make representations in accordance with the notice, they will be considered to have committed the violation and the penalty will be imposed.

42. (1) A person who is served with a notice of violation shall, in accordance with the notice, pay the penalty set out in the notice or make representations with respect to the amount of the penalty or the acts or omissions that constitute the alleged violation.

(2) A person is deemed to have committed the violation if they either pay the penalty in accordance with the notice of violation or do not pay the penalty and do not make representations in accordance with the notice of violation.

(2) The designated person to whom the representations are made shall either

(a) enter into a compliance agreement with the person on behalf of the Minister; or

(b) decide on a balance of probabilities whether the person committed the violation and, if so, impose the penalty set out in the notice of violation, a lesser penalty or no penalty, taking into account the matters mentioned in subsection 41(3).

The designated person shall cause notice of any decision made under paragraph (b) to be issued and served on the person together with written reasons for the decision and notice of the person’s right of appeal under subsection 44(1).

(a) may include any terms that the designated person considers appropriate including a requirement that the person alleged to have committed a violation give reasonable security — in a form and an amount that the designated person considers satisfactory — for the person’s performance of the agreement; and

(b) must provide for payment by the person alleged to have committed a violation to the Receiver General of a specified amount not greater than the penalty set out in the notice of violation if the person does not comply with the agreement.

(5) The Minister may issue and serve a notice of default on a person who has entered into a compliance agreement but has not complied with it. On service of the notice, the person is liable to pay without delay the amount provided for in the agreement, failing which, the Minister may realize any security for the person’s performance of the agreement.

44. (1) A person served with notice of a decision made under paragraph 43(2)(b) may, within 30 days after the day on which the notice is served or within any longer period that the Minister allows in accordance with the regulations, appeal the decision to the Minister.

45. A person is liable for a violation that is committed by the person’s employee acting in the course of his or her employment or the person’s agent or mandatary acting within the scope of his or her authority, whether or not the employee, agent or mandatary who actually committed the violation is identified or proceeded against.

46. An officer, director, agent or mandatary of a person other than an individual that commits a violation is a party to the violation if he or she directed, authorized, assented to, acquiesced in or participated in the commission of the violation and is liable to the administrative monetary penalty provided for that violation whether or not the person that committed the violation has been proceeded against under sections 41 to 43. For greater certainty, an officer or director, or any agent or mandatary who is an individual, is liable only to the penalty provided in respect of an individual.

51. In any proceeding, in the absence of evidence to the contrary, a document that appears to be a notice issued under subsection 41(1) or 43(2) or (5) or a certificate issued under subsection 53(1) is presumed to be authentic and is proof of its contents.

52. (1) A penalty imposed under this Act and an amount referred to in subsection 43(5) each constitute a debt due to Her Majesty in right of Canada and may be recovered in the Federal Court or any other court of competent jurisdiction.

(2) Registration in the Federal Court or in any other court of competent jurisdiction of the certificate has the same effect as a judgment of that court for a debt of the amount specified in the certificate and all related registration costs.

55. Every person who wilfully contravenes subsection 6(1) or (2), any of sections 8 to 11, an order made under subsection 14(1) or any regulations made under paragraph 64(1)(a) commits an offence and is liable on prosecution by summary conviction

(a) in the case of an individual, to a fine not exceeding $100,000; or

57. Every person who contravenes any provision of this Act or a regulation made under this Act, except in the case of an offence referred to in sections 55 and 56, is guilty of an offence punishable on summary conviction and liable to a fine not exceeding $250,000.

59. A person shall not be convicted of an offence under this Act, other than for a contravention of subsection 38(1) or section 54 or an offence referred to in section 55, if they establish that they exercised due diligence to prevent the commission of the offence.

60. If a person other than an individual commits an offence under this Act, every officer, director, agent or mandatary of the person who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and liable on conviction to the punishment provided for the offence whether or not the person that committed the offence has been prosecuted or convicted. For greater certainty, an officer or director, or any agent or mandatary who is an individual, is liable only to the punishment provided in respect of an individual.

61. If an offence under this Act is committed or continued on more than one day, the person who committed the offence is liable to be convicted for a separate offence for each day on which the offence is committed or continued.

63. (1) If a court of competent jurisdiction is satisfied that a contravention of subsection 10(1) or section 11 is being or is likely to be committed, the court may, on application by the Minister, grant an injunction, subject to any conditions that it considers appropriate, ordering any person to cease or refrain from operating the transmission apparatus referred to in subsection 10(1) or to refrain from acquiring, installing or operating the new software referred to in section 11.

(a) respecting the obligations to be performed under subsections 6(1) and (2), including specifying the circumstances in which those obligations do not apply or need not be performed;

(b) respecting the time, manner and form in which the information referred to in paragraph 6(1)(b) is to be provided to an authorized person;

(c) respecting the time, manner and form in which an intercepted communication is to be provided to an authorized person;

(d) requiring telecommunications service providers to specify the locations where intercepted communications will be provided, respecting the time, manner and form in which the locations are specified and respecting which locations may be so specified;

(e) requiring telecommunications service providers to create and keep records with respect to interceptions;

(f) respecting the operational requirements referred to in section 7, including matters of time, manner and form in relation to them and the circumstances in which they do not apply or need not be met;

(g) for the purposes of paragraph 7(a), specifying what is a communication;

(h) for the purposes of paragraph 7(d)

(i) providing for the minimum number and maximum number of simultaneous interceptions or the manner of determining them,

(ii) prescribing what is to be counted as a single interception,

(iii) respecting the time, manner and form in which a request to increase the number of those interceptions is to be made, the circumstances in which such a request may be made, the time within which the increase is to be made and the duration of the increase, and

(iv) respecting the maximum number of agencies for which a telecommunications service provider is to simultaneously enable interceptions;

(i) providing for the global limit referred to in section 12, or the manner of determining it, respecting the circumstances in which it does not apply or need not be met and prescribing what is to be counted as a single interception;

(j) for the purposes of subsection 14(3), prescribing expenses and prescribing matters that the Minister is to consider in deciding what amount is reasonable or what prescribed expenses are necessary;

(k) for the purposes of subsection 14(5), respecting the provision of notice and assistance;

(l) for the purposes of sections 16 and 17, respecting requests made under those sections and the provision of information under those sections, including

(i) specifying the form of that information, the manner of — and time for — providing it and the circumstances under which particular information is to be provided, and

(ii) prescribing any confidentiality or security measures with which the telecommunications service provider must comply;

(m) for the purposes of section 18, respecting the creation and retention of records and the dealing with information;

(n) for the purposes of section 25, respecting the assistance to be provided in the assessment and testing of telecommunications facilities;

(o) for the purposes of section 29, respecting requests for payment and the making of payments;

(p) for carrying out sections 39 to 53, including

(i) designating any provision of this Act or of any regulation, or any order or class of orders made under this Act or any requirement or condition of such a provision or order or class of orders — or class of such requirements or conditions — as a provision, order, requirement or condition whose contravention may be proceeded with as a violation,

(ii) prescribing the maximum administrative monetary penalty for a particular violation, which maximum may not exceed $50,000, in the case of an individual, and $250,000, in any other case,

(iv) respecting the service of notices referred to in those sections, including the manner of serving them, the proof of their service and the circumstances under which they are deemed to have been served, and

(v) respecting procedure on appeals, which procedure must provide for a reasonable opportunity for the appellant to present written evidence and make representations in writing;

(q) prescribing anything that is to be prescribed under this Act; and

(r) generally, for carrying out the purposes and provisions of this Act.

(2) Regulations made under subsection (1) may apply generally or to particular classes of telecommunications service providers and may vary by class of telecommunications service provider, by class of telecommunications serv- ice provided, by class of telecommunications facility, according to the population of the region in which a telecommunications facility of a given class is located or by the manner in which information is provided.

66. Five years after the day on which this section comes into force, a committee of the House of Commons, of the Senate or of both Houses of Parliament is to be designated or established for the purpose of reviewing this Act.

67. (1) The application of section 10 with respect to transmission apparatus that a telecommunications service provider begins to operate in the 18-month period beginning on the day on which that section comes into force is suspended for the duration of that period.

(2) The application of section 11 with respect to transmission apparatus for which a telecommunications service provider installs new software in the 18-month period beginning on the day on which that section comes into force is suspended for the duration of that period.

68. (1) A telecommunications service provider that, together with any affiliated or associated telecommunications service pro- vider, has fewer than 100,000 subscribers, without regard to the telecommunications service to which they subscribe, is considered — during the three years after the day on which section 10 or 11 comes into force, as the case may be — to meet any operational requirement in respect of transmission apparatus that the service provider is obligated to meet by virtue of that section if the service provider provides a physical connection point for the transmission apparatus permitting an authorized person to effect an interception.

(2) For the purposes of subsection (1), the Governor in Council may make regulations defining the expression “affiliated or associated telecommunications service provider” and respecting the provision of a physical connection point.

69. Every telecommunications service provider that is providing telecommunications services on the day on which section 30 comes into force shall, within six months after that day, submit a report to the Minister in accordance with that section.

70. If a Bill entitled the Investigative Powers for the 21st Century Act is introduced in the 2nd session of the 40th Parliament and receives royal assent, then, on the first day on which both section 21 of that Act and subsection 2(1) of this Act are in force, the definition “telecommunications data” in subsection 2(1) of this Act is replaced by the following:

“telecommunications data” means data relating to the telecommunications functions of dialling, routing, addressing or signalling that identifies or purports to identify the origin, type, direction, date, time, duration, size, destination or termination of a telecommunication generated or received by means of a telecommunications facility or the type of telecommunications service used. It also means any transmission data that may be obtained under subsection 492.2(1) of the Criminal Code.